2018

Submission to Australian Law Reform Commission Review of the Family Law System Issues Paper – May 2018

We have made a submission to the Australian Law Reform Commission’s inquiry into the family law system, making a series of recommendations to ensure the system is accessible, inclusive, equitable and safe. We believe the family law system should support families to resolve their disputes early, where safe to do so, through an expanded and legally assisted family dispute resolution service. The system should also hold the users of family violence to account, and prioritise the safety of victim survivors, including children.

Submission to the Senate Legal and Constitutional Affairs Legislation Committee – February 2018

We have made a submission to the Senate Legal and Constitutional Affairs Legislation Committee, welcoming the proposed amendments in the Family Law Amendment (Family Violence and Other Measures) Bill 2017. Based on our practice experience we believe the proposed changes will reduce duplication and confusion for families with complex legal matters across the family law, family violence and child protection jurisdictions. While supporting the proposed amendments we also recommend that additional resources be provided to the courts and legal aid services to accommodate an increased family law workload, and for the provision of family law training to judicial officers, court staff, child protection workers and lawyers in state and territory courts to enable them to make informed decisions.

Submission to the Sentencing Advisory Council issues paper on the creation of a Sentencing Guidelines Council for Victoria

We welcome the introduction of a Sentencing Guidelines Council to provide greater public confidence in, and understanding of the sentencing process, and to promote greater consistency in the sentencing process.

In our submission to the Sentencing Advisory Council we reaffirm our strong support for judicial independence and discretion, and highlight its importance to the administration of justice. In our view, the new Council should have a majority of members from the judiciary. But we also recommend that the choice of community representatives on the Council reflect the experiences of vulnerable and over-represented groups in the criminal justice system, like women and Aboriginal and Torres Strait Islander people. We believe rigorous, transparent, and genuine community consultation will be a vital part of the process to develop sentencing guidelines.

2017

Submission to the Victorian Ombudsman on a pilot investigation of Dame Phyllis Frost Centre to help inform the practical changes needed in Victoria to implement ​Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

We have welcomed the decision to undertake a pilot inspection to OPCAT standards of the Dame Phyllis Frost Centre. We have extensive practical experience with the Centre, through providing legal assistance to clients there. We support the focus of OPCAT on the prevention of human rights abuses by identifying risk factors and protective safeguards. We have also noted the importance of taking into account the cultural background of prisoners when assessing whether there is a risk of torture or other cruel or inhuman punishment of treatment.

Submission to the Parliamentary inquiry into the exte​rnal oversight of police and PSO corruption and misconduct in Victoria – 3 August 2017

We have written to IBAC and their Committee looking into the external oversight of police corruption and misconduct in Victoria. We believe there must be a robust, independent an external body that investigates allegations of police misconduct and corruption, because without it, public confidence in policing will inevitably be undermined. However, the current system which hands the investigation process back to the police is inappropriate for independent assessment of serious complaints.

Submission to the consultation paper on the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – 1 July 2017

We contributed to the Human Rights Commissioner’s OPCAT in Australia Consultation Paper. We regard the Australian Government’s intention to ratify OPCAT by the end of the year as an important measure to strengthen respect for the right to freedom from torture, inhuman and degrading treatment. As the statutory authority tasked to ensure access to justice in Victoria, we are committed to working with the Australian Human Rights Commission, the Commonwealth Government and all relevant stakeholders in pursuit of the goal to prevent breaches of fundamental human rights.

We have made a submission to the senate inquiry into the Social Services Legislation Amendment (Welfare Reform) Bill 2017. We are concerned that the proposed changes in this Bill may have an impact on recipients of ‘robodebt’ notifications. Our submission recommends that the amendments be rejected as they appear to be an attempt to broaden the Department’s power to gather information through coercive means.

Submission to Parliamentary inquiry into a better family law system to support and protect those affected by family violence – A Better Family Law System

Our submission on A Better Family Law System calls for reform to the family law courts to focus on safety. In our view, prioritising safety in the family law courts includes, in our view: earlier judicial decision-making about family violence allegations, increased family violence support services at family courts, more regular family violence training of family law professionals, more resourcing and better integration across the family law system, and the elimination of direct cross examination. We also suggest ways to make small family property settlements more accessible by creating a new simplified claims option.

We have made a submission to the Sentencing Advisory Council on ‘swift and certain’ approaches to the sentencing of family violence offenders in response to a recommendation by the Royal Commission into Family Violence. The Attorney-General Hon. Martin Pakula MP asked the council for advice on the desirability of, and ways of ‘accommodating’ such approaches. The council has released a discussion paper, Swift, Certain and Fair Approaches to the Sentencing of Family Violence Offenders, which raises issues particularly relevant to our summary crime practice prompting the council to invite us to make a submission.

The Disability Discrimination Commissioner, Alastair McEwin, was appointed in 2016. He is conducting a national consultation to help progress and guide development of his priorities and seek input from the disability community on how he can most effectively work to advance the rights of people with disability. We made a submission to the Commissioner in April 2017 highlighting what needs to change to see the rights of people with disability better protected, what is being done well that could be built on to achieve systemic change and what the Commissioner could do to most effectively advance the rights of people with disability. Our submission makes practical suggestions for change and evaluates what is currently working in the context of employment, criminal justice, access to the disability support pension, indefinite detention of people with cognitive and psychiatric impairment, mental health insurance discrimination and in relation to the implementation of the National Disability Insurance Scheme.

Submission to the Senate Community Affairs References Committee

We have made a submission to the senate inquiry which is investigating the operation of Centrelink’s automated data-matching initiative (commonly referred to as ‘robo-debt'). The submission details our concerns about the fairness and appropriateness of how the automated data-matching system is operating and its impact on the most disadvantaged in the community.

Submission to the Law Reform, Road and Community Safety Committee Inquiry into Drug Law Reform

We have written to the Victorian Parliament to contribute to their Law Reform, Road and Community Safety Committee's inquiry into drug law reform. We are continuing to see an increase in the number of people affected by drug use who come into contact with the criminal justice system. In particular, our practice experience suggests that ice use is increasingly prevalent. We know that people experiencing disadvantage and social exclusion are more vulnerable to drug and alcohol abuse and we welcome an approach that treats drug use as a heath issue requiring treatment.

Submission for Australia Country Visit by the United Nations Special Rapporteur on violence against women – February 2017

Ahead of meeting with the UN Special Rapporteur on violence against women, its causes and consequences during her February 2017 visit to Australia, we wrote to her setting out our key concerns relating to her priority areas. We noted the need for an improved legal sector response to family violence, including reform to prevent direct cross-examination of women by family violence perpetrators. We emphasised the impacts of family violence on women prisoners, and the child protection consequences of family violence, especially for Aboriginal and Torres Strait Islander mothers who seek help when experiencing family violence. We called for 'being a victim of family violence or stalking' to be a protected attribute under human rights legislation.

2016

Qualifying for the Disability Support Pension

The Joint Committee of Public Accounts and Audit is conducting an inquiry into the Auditor-General’s report Qualifying for the Disability Support Pension. Our submission to the Inquiry makes recommendations to improve the quality of Centrelink decision-making and ensure that people with disabilities who meet the eligibility requirements for the Disability Support Pension are assessed accurately and efficiently.

Medical Treatment Planning and Decisions Bill 2016

If passed, the Medical Treatment Planning and Decisions Bill will establish new processes and requirements about the making of medical treatment decisions where the person being treated does not have decision-making capacity. Victoria Legal Aid recommends that further consultation be undertaken with consumers to ensure the Bill provides adequate safeguards and clear and effective procedures.

Infrastructure Victoria's draft 30-year infrastructure strategy

Infrastructure Victoria is developing a 30-year strategy for Victoria’s infrastructure needs, including consideration of how to reduce demand on justice infrastructure and how to provide vulnerable people with access to housing. Victoria Legal Aid submitted on the draft strategy, with a focus on ensuring the strategy will support the needs of disadvantaged Victorians into the future. We advocated for the role of legal assistance in integrated service delivery models, the inclusion of justice reinvestment principles and programs, appropriate recognition of Aboriginal and Torres Strait Islanders, ensuring disadvantaged tenants can sustain their tenancies, and appropriate mental health care facilities to meet current demands.

Submission to the Victorian Ombudsman inquiry into Office of Housing maintenance debts – October 2016

We have written to the Victorian Ombudsman in relation to their investigation into the Office of Housing’s processes for determining and pursuing maintenance debts against public housing tenants. This submission to the Ombudsman’s investigation is based on VLA’s practice experience assisting disadvantaged tenants. We participated in this process because we were concerned the department did not undergo appropriate assessment of why tenants’ debts had arisen, failed to properly take into account the profound disadvantage of many tenants in the public housing system and that their practice may have breached the Victorian Government’s Model Litigant Guidelines.

Royal Commission into Institutional Responses to Child Sexual Abuse

The Royal Commission sought feedback on their consultation paper on Criminal Justice. The issues examined in the paper included third-party offences, delays in prosecutions, evidence of victims and survivors, tendency and coincidence evidence and joint trials, appeals and post-sentencing issues. Victoria Legal Aid provided a written response to the consultation paper.

The Budget Savings (Omnibus) Bill currently before the House of Representatives proposes to discontinue income support for people who are in psychiatric confinement and have been charged with a 'serious offence' (forensic patients). These measures were previously introduced in the Social Services Legislation Amendment Bill 2015 and subject to inquiry by the Senate Community Affairs Legislation Committee. If introduced, these measures will have a significant and detrimental impact on the rehabilitation and reintegration of forensic patients in Victoria.

Centre for Innovative Justice

Victoria Legal Aid recently made a submission to the ‘Enabling Justice Project Consultation Paper: People living with an acquired brain injury using their experiences of the criminal justice system to achieve systemic change’ issued by the Centre for Innovative Justice.

Department of Justice and Regulation

The Department of Justice and Regulation sought feedback on their discussion paper, Equity and fairness in jury selection. The discussion paper included proposals relating to blind and deaf jurors, peremptory challenges and challenges for cause. Victoria Legal Aid provided a written response to the discussion paper which has been captured in our publicly available submission.

The Department of Justice and Regulation, through consultation with the Appeals Cost Board, developed a range of possible reforms to the Appeal Costs Act 1998. The Department sought input from relevant stakeholders on four specific amendments to the Act. Victoria Legal Aid provided a written submission to the review addressing these proposed amendments.

National Disability Advocacy Program Review submissions

The Department of Social Services is reviewing the National Disability Advocacy Program. Together with National Legal Aid, we made a submission to the review advocating for the need for access to legal services for applicants appealing decisions of the National Disability Insurance Agency to the Administrative Appeals Tribunal.

Residential Tenancies Act Review submissions

In June 2015 the Victorian Government announced a major review of the Residential Tenancies Act. Our submissions to the review call for reform to the law to ensure that tenancies are managed sustainably and evictions only occur as a last resort.

It is anticipated that the review will be completed by early to mid-2018.

Victorian Gender Equality Strategy – consultation submission

Our submission to the Victorian Government’s Victorian Gender Equality Strategy Consultation outlines that in order to address gender inequality, Victoria must improve the legal and policy response to the parental responsibilities of workers and sex discrimination in the workplace.

Sentencing guidance reference submission

In our submission to the Sentencing Advisory Council on effective mechanisms for sentencing guidance, we focus on the need for evidence-based decision making. We question whether there is a need for a new form of legislative guidance, and whether strategies like mandatory sentencing are capable of improving public confidence and consistency of sentencing approach. We argue that on the evidence, schemes that limit judicial discretion do not work, are unjust, and disproportionately impact the disadvantaged.

Our experience is that judicial discretion is central to the administration of justice. If the aim is to improve consistency and public confidence, we argue that guideline judgments are likely to be most effective, together with non-legislative measures such as community education and research.

2015

Residential Tenancies Act Review submissions

In June 2015 the Victorian Government announced a major review of the Residential Tenancies Act. Our submissions to the review call for reform to the law to ensure that tenancies are managed sustainably and evictions only occur as a last resort.

It is anticipated that the review will be completed by early to mid-2018.

Willing to Work Inquiry – age and disability discrimination

Our submission to the Australian Human Rights Commission’s Willing to Work Inquiry highlights the changes required to Commonwealth discrimination laws to effectively address age and disability discrimination.

The inquiry will report on its findings and recommendations by July 2016.

Victorian inquiry into the labour hire industry and insecure work

Our submission to the Inquiry into the Labour Hire Industry and Insecure Work makes recommendations to increase protections for workers subject to labour hire arrangements and other forms of insecure employment, particularly women workers, migrant workers, workers with disability and victims of family violence.

Victims of crime in the criminal trial process

In our submission to the Victorian Law Reform Commission on Victims of Crime in the Criminal Trial Process we look at how victims of crime can be more meaningfully supported and engaged in criminal trial processes, and make recommendations to help provide them with improved access to justice.

Charter of Human Rights

Our submission to the 2015 Review of the Charter of Human Rights draws on our practical experience in helping vulnerable and marginalised people enforce their rights under the Charter of Human Rights and Responsibilities Act 2006.

We describe how we have successfully used the charter to help our clients who have had their human rights breached. We also identify opportunities to strengthen and improve the charter to make it more accessible and enforceable.

The full report and summary report are now available. The report picks up many of our recommendations to make the Charter more effective in protecting the rights of Victorians.

National ice action strategy

In our submission to the National Ice Taskforce we present the experience of our staff in helping clients who use crystal methamphetamine. We make recommendations about reducing the impact of ice use on our clients, their families and the community.

The taskforce will develop a national ice action strategy by the end of 2015.

Proposed amendments to the Equal Opportunity Act 2010

Our submission to the Attorney-General highlights the changes required to the Equal Opportunity Act 2010 (Vic) to ensure that it operates fairly and to overcome a major shortcoming, being its reliance on individual complainants for enforcement.

August 2016 update – the religious exceptions in the Equal Opportunity Act 2010 (Vic) allow broad discrimination on the basis of sexuality, gender identity, marital status, parental status and religion. Exceptions to the Act occur when they conform with religious beliefs or where they are ‘reasonably necessary to avoid injury to the religious sensitivities of adherents of the religion’. For instance, a religious school could be allowed to discriminate against a gardener because the gardener has been divorced or are is a same-sex relationship, even though this is irrelevant to their role. Reforms announced by the government will reinstate the original wording of religious exceptions in the Act. This will limit exceptions to situations where conforming with religious beliefs is a requirement of employment.

Inquiry into the Workplace Relations framework

In our submission to the Productivity Commission's inquiry into the Workplace Relations framework we identify ways to improve existing workplace protections, based on our experience helping vulnerable employees with discrimination claims.

In our supplementary submission to the Productivity Commission's inquiry into the Workplace Relations framework we respond to the Commission's draft report, particularly its recommendation to cap compensation, and recommend ways to better protect migrant workers.

2014

Parliamentary inquiry into the Child Support Program

In our submission to the Parliamentary inquiry into the Child Support Program we outline some of the challenges with the child support system experienced by both parents who provide and receive child support. We make some suggestions to better support vulnerable parents to meet their obligations and reduce the complexity of the scheme.

Our submission focuses on unmet civil legal need, the effectiveness of the mixed model of legal assistance services, Community Legal Centre administration and reform in Victoria and the valuable role of independent boards in service design and delivery.

Review of sexual offences

In our submission to the Review of sexual offences we make recommendations that would simplify the law of rape, and which are aimed at balancing the rights of complainants and accused in this challenging area of the law.

The Crimes Amendment (Sexual Offences and Other Matters) Act 2014 was passed in October 2014.

2013

Productivity Commission inquiry into Access to Justice Arrangements

In our submission, we highlight the important role that the legal assistance sector plays in providing access to justice. Our submission also described how effective strategic advocacy is cost effective and can deliver lasting benefits for the community.

Paid Parental Leave Scheme Act

In our submission to the Commonwealth Government review of the Act we highlighted the way in which discrimination in employment on the basis of pregnancy is a significant bar to women accessing paid parental leave entitlements.

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About this website

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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